Do I have a case?

[lionessjlf]

I had an individual take over payments on a 4 wheeler. We have no signed contract, stupid I know. He took possesion of the vehicle in Nov of 07 made all payments directly to the creditor until June of 08. In March of 08 he blew up the motor in the 4 wheeler, took it to the shop, had them repair it, the bill there is close to $3000.00. Now he will not return any of my calls and refuses to pay for the 4 wheeler or the repair bill. He first said he fell on hard times and doesn't have the money, then said he was getting a loan to pay for it, now says the loan fell through and is saying the vehicle was messed up when he got it (he got in Nov 07 and took it in March 08)so he shouldn't have to pay for the repairs. I spoke with several mechanics who all say this vehicle would not have been operable with a blown rod. So, can I sue? The creditor is now wanting to repossess, but can't due to the bill at the shop. It is in my name with the creditor and his name at the shop. I think he should ,1-pay for the balance on the vehicle, or 2-get it out of the shop so I can try to resell. He has left me now with a payment on a vehicle that I don't and can't get possession of! HELP

 

[Michael Wechsler]

1) The vehicle is still under your name, apparently. As such, you're responsible for it.

2) It sounds like this individual is abandoning the vehicle and telling you to repossess.

3) If you're paying his repair bill, then yes, I would think he should pay for it but you'll probably have to pay for it and sue him. This is a bad situation you're in because you're primarily responsible for the vehicle and only you can make the decision what to do. If the creditor is talking about repossession, then you're best off getting it out of the shop and selling it or else you'll be in a world of pain to pay the balance on the vehicle. This is also a financial issue, whether it's worth it to pay the repair bill and sell it. If the salvage value is less than the repair bill, then you have to question doing so. Either way, you're in the hole with the creditor - I wish you the best of luck.